Law of Evidence - Burden of Proof
Short Note
1. Introduction
The law of evidence is a crucial component of the legal system, governing the presentation and evaluation of evidence in courts. One key aspect of the law of evidence is the burden of proof, which determines the responsibility of parties to establish the truth or falsehood of disputed facts. This blog article explores the concept of burden of proof as outlined in Sections 101 to 111 of the Indian Evidence Act. Understanding these provisions is vital for legal professionals, researchers, and individuals involved in legal proceedings.
2. Burden of Proof (Sections 101-111)
2.1 Section 101: Burden of proving fact especially within knowledge
Explanation of the burden of proving facts that lie especially within the knowledge of a person.
Section 101 of the Indian Evidence Act outlines the general rule regarding the burden of proof. It states that the burden of proving a fact lies on the party who asserts the affirmative of the issue. This provision sets the foundation for the allocation of the burden of proof in legal proceedings.
2.2 Section 102: On whom burden of proof lies
Explanation of the general rule that the burden of proof lies on the party who asserts the affirmative of the issue.
Section 102 establishes that the burden of proof regarding a particular fact lies on the person who wishes the court to believe in its existence. It places the responsibility on the party who seeks to establish a fact to provide sufficient evidence to support their claim.
2.3 Section 103: Burden of proving death of a person known to have been alive within 30 years
Explanation of the burden of proving the death of a person known to have been alive within the past 30 years.
Section 103 deals with the burden of proof in cases where the existence of any fact is deemed to be within the knowledge of a particular person. It states that the burden of proving such fact lies on that person. This provision recognizes that certain facts are best known by specific individuals and places the burden of proof accordingly.
2.4 Section 104: Burden of proving fact to be proved to make evidence admissible
Explanation of the burden of proving a fact to make the evidence relating to that fact admissible.
Section 104 addresses situations where the burden of proving a particular fact shifts from one party to another. It specifies that once a party has provided sufficient evidence to raise a reasonable doubt regarding the existence of a fact, the burden of proving that fact shifts to the opposite party.
2.5 Section 105: Burden of proving that case of accused comes within exceptions
Explanation of the burden of proving exceptions in cases where the accused relies on a particular exception.
Section 105 introduces the concept of the burden of proof in criminal cases. It states that the burden of proving the guilt of an accused person lies on the prosecution. This provision emphasizes the principle of "innocent until proven guilty" in criminal proceedings.
2.6 Section 106: Burden of proving fact especially within knowledge of person
Explanation of the burden of proving facts that lie within the special knowledge of a person.
Section 106 deals with cases where the burden of proving a particular fact lies within the special knowledge or control of a party. It places the burden of proof on that party to establish the fact. This provision recognizes that certain facts are exclusively known by a particular party and holds them responsible for providing evidence.
2.7 Section 107: Burden of proving death of person known to have been alive within 30 years
Explanation of the burden of proving the death of a person known to have been alive within the past 30 years.
Section 107 addresses the burden of proof regarding things that are likely to have happened within the knowledge of one party more than the other. It establishes that the burden of proving such facts lies on the party who is more likely to have knowledge about them.
2.8 Section 108: Burden of proving that document is not genuine or is not what it purports to be
Explanation of the burden of proving that a document is not genuine or does not represent what it claims to be.
Section 108 pertains to cases where the burden of proving a fact lies on a party due to their failure to produce evidence within their control. It states that if a party fails to produce evidence that could reasonably be expected to be in their possession, the court may draw an adverse inference against that party.
2.9 Section 109: Burden of proving consideration in certain cases
Explanation of the burden of proving consideration in certain types of agreements.
Section 109 deals with the burden of proving certain relationships, such as marriage, legitimacy, and ownership of property. It specifies that the burden of proving these relationships lies on the person who claims their existence.
2.10 Section 110: Burden of proof as to ownership
Explanation of the burden of proving ownership in cases where ownership is disputed.
Section 110 establishes a special rule regarding the burden of proof in cases where the question is whether a person is alive or dead. It states that the burden of proving that a person is alive lies on the person who asserts their existence, while the burden of proving that a person is dead lies on the person who asserts their death.
2.11 Section 111: Burden of proving or disproving fact lies on the person who wishes the court to believe in its existence
Explanation of the burden of proving or disproving a fact that lies on the party who seeks the court to believe in its existence.
Section 111 addresses cases where the existence of any document is in question. It specifies that the burden of proving the genuineness of the document lies on the party who seeks to rely on it. This provision underscores the importance of establishing the authenticity of documents in legal proceedings.
3. Presumptions (Sections 111A-114A):
3.1 Section 111A: Presumption as to abetment of suicide by a married woman
Explanation of the presumption of abetment of suicide in cases involving a married woman.
Section 111A introduces a presumption of abetment in certain cases of suicide. It states that if a person commits suicide within seven years of their marriage, and it is shown that their spouse or any relative subjected them to cruelty, the court may presume that such cruelty was abetment of suicide.
3.2 Section 112: Birth during marriage conclusive proof of legitimacy
Explanation of the presumption of legitimacy when a child is born during the continuance of a valid marriage.
Section 112 addresses the presumption of legitimacy. It states that a child born during the continuance of a valid marriage is presumed to be legitimate unless proven otherwise. This presumption safeguards the status and rights of children born within wedlock.
3.3 Section 112A: Presumption of paternity in certain cases
Explanation of the presumption of paternity in cases where the biological father is not conclusively identified.
Section 112A introduces a presumption of paternity in cases where the child's mother is married and there is no conclusive evidence about the biological father. It states that the person alleged to be the biological father of the child shall be presumed to be the father unless proven otherwise.
3.4 Section 113: Presumption as to the place of birth
Explanation of the presumption regarding the place of birth based on evidence of residing within a particular area.
113 addresses the presumption of the place of birth. It states that when the question is about the place of birth of a person, the court may consider evidence of the person's living within a particular area as proof of their birth in that area.
3.5 Section 113A: Presumption as to dowry death
Explanation of the presumption of dowry death in cases where the woman has died within seven years of marriage.
Section 113A introduces a presumption of abetment of dowry death. It states that if a married woman dies under suspicious circumstances within seven years of her marriage, and there is evidence of cruelty or harassment for dowry, the court may presume that the accused person caused her death.
3.6 Section 114: Court may presume existence of certain facts
Explanation of the discretionary power of the court to presume the existence of certain facts.
Section 114 pertains to the discretionary power of the court to draw inferences. It states that the court may presume the existence of any fact that it thinks likely to have happened, based on the common course of natural events and human conduct.
3.7 Section 114A: Presumption as to absence of consent in certain prosecutions for sexual offenses
Explanation of the presumption of absence of consent in certain prosecutions for sexual offenses.
Section 114A introduces a presumption of absence of consent in certain sexual offense cases. It states that in prosecutions for certain offenses involving sexual assault, if the victim states in their evidence that they did not consent, the court shall presume that they did not consent.
4. Doctrine of Estoppel (Sections 115-117):
4.1 Section 115: Estoppel
Explanation of the doctrine of estoppel and its application in legal proceedings.
Section 115 deals with the doctrine of estoppel. It states that when a person has, by their declaration, act, or omission, intentionally caused or permitted another person to believe a particular thing to be true and to act upon that belief, they shall not be allowed to deny the truth of that thing in a legal proceeding.
4.2 Section 116: Estoppel of tenant; and of licensee of person in possession
Explanation of the estoppel of a tenant and a licensee of a person in possession.
Section 116 addresses the estoppel of tenant and landlord. It states that when a tenant or a person claiming through the tenant has taken possession of a property, they shall not be permitted to deny the landlord's title during the tenancy.
4.3 Section 117: Estoppel of acceptor of instrument
Explanation of the estoppel of the acceptor of a negotiable instrument.
Section 117 pertains to estoppel of acceptor of an instrument. It states that once a person has accepted a negotiable instrument, they shall not be allowed to deny the existence of the payee and the genuineness of their signature.
5. Conclusion:
The burden of proof, presumptions, and the doctrine of estoppel are critical components of the law of evidence. They govern the allocation of proof in legal proceedings, establish presumptions based on common occurrences, and prevent parties from denying the truth of their previous statements or actions. Understanding these provisions is essential for legal professionals and individuals involved in legal matters, as they shape the presentation and evaluation of evidence. By adhering to these principles, the legal system ensures fairness, reliability, and consistency in determining the truth.
6. References:
- Indian Evidence Act, 1872.
- Sharma, S. C. (2017). Law of Evidence. Allahabad Law Agency.
- Chaturvedi, M. L. (2020). Indian Evidence Act. Central Law Agency.
- Ratanlal & Dhirajlal. (2019). The Indian Evidence Act. LexisNexis.
- Kumar, V. (2018). Law of Evidence. Eastern Book Company.
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